• 제목/요약/키워드: Companies Law

검색결과 540건 처리시간 0.027초

The role of The Ministry of Commerce and The Capital Market Authority (CMA) in Protecting Shareholders and Holding Directors accountable in Saudi's Corporations

  • Alzhrani, Abdulrahman AA
    • International Journal of Computer Science & Network Security
    • /
    • 제22권8호
    • /
    • pp.187-196
    • /
    • 2022
  • The law gives the Ministry of Commerce the power of monitoring, oversight, and accountability for corporations in general. However, Article 219 of the Companies Law has made oversight of listed companies within the jurisdiction of the Capital Market Authority, but this exception, in the author's opinion, is not clear because the law obligated the Ministry of Commerce to monitor and account for joint-stock companies, whether they were listed or not included in some cases.

제조물책임법 소비자보호 효과분석 (The Impact Analysis of Product Liability Law with Policy Delphi Method from a consumers' perspective)

  • 강효진;이기춘
    • 대한가정학회지
    • /
    • 제38권4호
    • /
    • pp.85-98
    • /
    • 2000
  • PL law seeks consumers'just compensation and effective deterrence through shirting liability principle from negligence to strict liability. Impact analysis of Product Liability(PL) Low requires consumers' perspectives. This paper performed a policy delphi to predict the impact of PL law on consumers. The study surveyed the opinions of 30 specialists in PL area, ranging from government, officials, professors, researchers, consumer activists, to business executives, for three times. The consumer are as follows: first of all, PL law can contribute to damage compensation significantly in that it stimulates consumer complaints through non- court procedures. It is very unlikely that suits will be increased rapidly due to PL because of the current law environment. The degree of influence of PL law on damage compensation will very according to the content of PL law. Secondly, PL law can contribute to deterrence in that it encourages companies' efforts for product safety while it doesn't undermine consumers' attentions to safety. The influence on companies' efforts will vary according to the content of PL law.

  • PDF

Issues of Harmonization of ISO 9001 Standard and the Law 09-08. Protection of Personal Data in Morocco: Potentials and Risks

  • Adil CHEBIR ;Ibtissam EL MOURY;Adil ECHCHELH;Omar TAOUAB
    • International Journal of Computer Science & Network Security
    • /
    • 제23권10호
    • /
    • pp.57-66
    • /
    • 2023
  • Since 2009, Morocco has had a law governing the processing of personal data, the law 09-08, and a supervisory authority, the CNDP (National Commission for the Protection of Personal Data). Since May 2018, the European General Regulation on the Protection of Personal Data (GDPR) entered into force, which applies outside the EU in certain cases and therefore to certain Moroccan companies. The question of the protection of personal data is primarily addressed to the customer. The latter may not only be a victim of crime linked to ICT, but also have to face risks linked to the collection and abusive processing of his personal data by the private and public sectors. Often the customer does not really know how their data is stored, nor for how long and for what purpose. This fact raises the question of satisfying customer requirements, in particular for organizations that have adopted a quality approach based on ISO 9001 standard.In order to master these constraints, Moroccan companies have to adopt strategies based on modern quality management techniques, especially the adoption of principles issued from the international standard ISO 9001 while being confirmed by the law 09-08. It is through ISO 9001 and the law 09-08 that these companies can refer to recognized approaches in terms of quality and compliance. The major challenge for these companies is to have a Quality approach that allows the coexistence between the law 09-08 and ISO 9001 standard and this article deals within this specific context.

리모델링사업 확대에 따른 설비분야의 대응방안에 관한 연구 (Reviewing Countermeasures of Building Equipment Part Due to the Expansion of the Remodeling Project)

  • 이철구
    • 한국지열·수열에너지학회논문집
    • /
    • 제10권2호
    • /
    • pp.1-6
    • /
    • 2014
  • As Korea's economy is entering a period of gradual growth, rate of growth on the construction market is becoming slow like that in developed countries. Remodeling construction market will be gradually expanded due to change in the social environment and diversification of individual demand. This study aims to promote the status of building equipment field with corresponding strategies based on the current situation that the importance of building equipment field is emphasized. Although it is desirable that building equipment construction companies lead remodeling construction, the building equipment part of general construction companies take the important role may be a advisable way, because the technology of building equipment construction companies is a little insufficient. Though building equipment field has become more important, the number of credits and professor of the field is still small than other fields of architectural engineering. More practical curriculums are necessary to meet the expectation of companies. Mechanical part of building equipment construction does not have independent law otherwise the other parts of building equipment construction. Establishing the independent law is urgent to promote the remodeling construction technology.

우리나라 중소 OEM 수출기업의 ODM 수출기업으로의 발전전략에 관한 연구 - 사례분석을 중심으로 - (A Study on the Development Strategy for ODM Exporting Company of OEM Exporting Company - Based on the Case Studies -)

  • 김귀옥;배정한
    • 무역상무연구
    • /
    • 제33권
    • /
    • pp.311-343
    • /
    • 2007
  • At present, more than 80% export made by Korean small-medium sized companies is OEM(Original Equipment Manufacturing). But OEM export of made-in korea products has been facing limitations from 1990s. Some leading companies among those small-medium sized companies which have been fulfilling OEM export are transferring their exporting strategies to Own Brand or ODM(Original Development/Design Manufacturing) and some of their strategies successful. However, most of small-medium sized OEM exporting companies are still groping for some ways to upgrading to Own Brand or ODM exporting strategies. Therefore, this article deals with how the leading ODM exporting companies have been transferred from OEM to ODM exporting strategies. It also discusses the primary factors of success and barrier and how to develop the ODM exporting strategies based on investigating literature and interviews with the leading ODM exporting companies.

  • PDF

대한상사중재원 국제중재규칙과 인도중재원 중재규칙 비교 연구 (A Study on the ICA Rules of Arbitration to be compared with KCAB International Rules of Arbitration)

  • 박양섭
    • 무역상무연구
    • /
    • 제35권
    • /
    • pp.125-144
    • /
    • 2007
  • The objective of this study is to find out whether Korean companies which are doing a lot of commercial transactions with Indian companies can consider appointing ICA as a trustworthy institution and using ICA arbitration rules as a governing arbitration rule, when a dispute between Korean companies and Indian companies occurs. Up to now, in the case of dispute with Indian companies, Korean companies are hesitant to utilize ICA as well as ICA arbitration rules as a alternative dispute resolution, owing to lack of understanding on its rules. But, it is obvious that Korean companies which come to have better knowledge on ICA and its rules may consider more positively using ICA as well as ICA arbitration rules as a dispute resolution rather than using other arbitration institutions like ICC and KCAB etc. in the case of disputes with Indian companies because ICA arbitration rules are very objective and similar to other arbitration rules like ICC rules as well as KCAB(Korean Commercial Arbitration Board) international arbitration rules which are frequently being used by Korean companies and also have other several advantages like cheaper cost of arbitration and fast track arbitration procedures. In conclusion, ICA and its rules can also be recommended as a public-trustworthy arbitration option if Korean companies want to resolve some dispute cases with Indian companies.

  • PDF

해운동맹 관련 국내법의 개선방향에 관한 연구 (A Study on the Improvement Direction of Shipping Conference Related Domestic Laws)

  • 유광현
    • 무역상무연구
    • /
    • 제43권
    • /
    • pp.371-393
    • /
    • 2009
  • The biggest issue of the current international maritime transport is that EU had decided to apply the Competition Law about Shipping Conference since 2008 and UNCITRAL Convention which is the substitute of international rules related with existing maritime transport passed UN General Assembly. This movement indicates that international rules of international maritime transport are not focusing on shipping companies or forwarders anymore but consignors. According to the current circumstances, it is time for us to convert existing shipping companies and forwarders centered rules system into consignors centered international rules system as well. Thus, this study has compared and analyzed between each country's law of Shipping Conference and Korean governing law, Ocean Shipping Act.

  • PDF

A Empirical Study on the Ways of Searching for Foreign Buyers and the Performances Improvement of Exporting Companies in China - Focused on the Exporting Companies in the Pearl River Delta Economic Zone -

  • Gao, Yue;Bae, Jung Han
    • 무역상무연구
    • /
    • 제56권
    • /
    • pp.29-54
    • /
    • 2012
  • As market is more and more mature, the survival environment of exporting companies is getting severer, which throws exporting companies into great pressures of the process of growth and development. For most businessmen, the hardest part of starting a foreign business is to find buyers or to get customers, which is more critical for small and medium-size foreign enterprises. The fast changes of internal and external trade and market circumstances, together with the advent of e-commerce, led to the diversified of the way to find foreign buyers for exporting companies. But the performance differs in using different ways of finding foreign buyers. Therefore, this study examines the status of the methods of finding foreign buyers and performance of exporting companies in China. Based on the investigation of the ways of finding foreign buyers, this study tries to find out the most efficient ways of finding foreign buyers for them. And this study tries to propose some practical suggestions for the exporting companies based on the analysis that will help them to improve companies' performances.

  • PDF

해양플랜트 지원선박의 안전운항을 위한 법률 검토 (A Study on the Legal Review of Safety Operation for Offshore Supply Vessel)

  • 진호현;이창희
    • 수산해양교육연구
    • /
    • 제27권1호
    • /
    • pp.133-144
    • /
    • 2015
  • Recently, Korea shipping companies have been internally/externally difficult to manage their fleet due to the high price of bunker, wage and low cost of charterage and freight. To solve these problems, some shipping companies have tried to set up a new business regarding offshore plant supply vessel(OSV). Owing to the absence of big oil field near the Korea coast, OSV market has not been gradually progressing as far. This study intends to review the legal review of both international and municipal law for the OSV. Therefore I have provided basic legal information to the domestic shipping companies which have desired to enter the OSV's market and suggest legal revision harmoniously to identify the problem in the municipal law.

Arbitration Clause Prohibiting Class Action in Consumer Contracts

  • Yi, Sun
    • 한국중재학회지:중재연구
    • /
    • 제27권1호
    • /
    • pp.3-35
    • /
    • 2017
  • For recent years, several disputes between Korean consumers and multinational companies have arisen. Since the disputes were big and material that children's safety was at issue, a question started if Korean law properly has protected consumers' rights against multinational companies. While the Korean legal society tried to legislate punitive compensation with this concern, the U.S. Supreme Court reached an interesting case law regarding consumer contracts. A recent trend on consumer contracts in the United States shows that general terms have arbitration clause with class action waiver. As much as international arbitration has worked as the most effective resolution in international commercial disputes, the concept is still foreign and the experts are not approachable to lay individual consumers. However, class action in arbitration can hugely help for lay individual consumers to bring a case before arbitration tribunal. California courts consistently showed the analysis that the practical impact of prohibiting class action in arbitration clause is to ban lay individual consumers from fighting for their rights. However, the Supreme Court held that the arbitration clause shall be enforced as parties agree even if consumers practically cannot fight for their rights in the end. Even though consumer contracts are a typical example of lack of parity and of adhesive contract, the Supreme Court still applies liberalism that parties are equal in power and free to agree. This case law has a crucial implication since Korean consumers buy goods and services from the U.S. and other countries in everyday life. Accordingly, they are deemed to agree on the dispute resolution clauses, which might violate their constitutional right to bring their cases before the adjudication tribunal. This issue could be more important than adopting punitive compensation because consumers' rights are not necessarily governed by Korean law but by the governing law of the general terms and conditions chosen and written by the multinational companies. Thus this paper studies and analyzes the practical reality of international arbitration and influence of arbitration clause with class action waiver with the U.S. Supreme Court and California case laws.